N.C. R. Prac. Super. & Dist. Ct. 3

As amended through June 18, 2024

Rule 3 - MOTIONS FOR CONTINUANCE - DOMESTIC CASES

Domestic cases should be disposed at the earliest opportunity, including the first trial setting. However, when compelling reasons for continuance are presented which would affect the fundamental fairness of the trial process, a continuance may be granted for good cause according to the guidelines set out in Rule 2 and below. Requests for continuances that will delay the resolution of the contested issues beyond the established time standards shall be granted only for extraordinary cause.

3.1 Appropriate Court Official: All applications for continuance shall be directed to the District Court Judge assigned to preside over the session of court for which the case is calendared with a copy delivered to the District Court Case Manager. If the trial judge is not known at the time the request is made or is unavailable, the application shall be made to the Chief District Court Judge and the District Court Case Manager.

3.2 Court Conflicts: The various levels of court should work together to dispose of cases as expeditiously as possible consistent with the other goals of this order. Age of case, subject matter, priority of setting, fundamental fairness and common sense should be considered when resolving conflicts. Attorneys shall notify the court and opposing counsel of any other court conflict(s) as those become known and shall keep the court advised of the resolution of all conflicts. All judges should communicate with other judges to resolve such conflicts and shall make a reasonable effort to do so when requested by the attorney for wither the plaintiff or defendant. In resolving conflicts, juvenile cases shall take precedence over all other matters in district court with the exception of jury trials.

3.3 Documentation of Continuance: All requests for continuance shall be by written motion; however, oral motions may be allowed when the reason for the continuance did not become known until immediately preceding the start of court. In cases in which a continuance motion is allowed the attorney for the moving party or the unrepresented party making motion shall draft the order of continuance and present it to the court forthwith, unless otherwise directed by the court. Such order shall contain the case caption, file number, date of the order and the reasons for the continuance. It shall also indicate any objections to the motion which were made.

3.4 Notification of Opposing Counsel/ Unrepresented Parties/Witnesses; All parties must be notified of a motion to continue. A copy of the motion to continue must be distributed to all counsel of record and/or unrepresented parties prior to ruling on the motion. In addition to the service requirements set out in the statute, distribution of the motion must be made by the quickest means feasible, including facsimile transmission, electronic mail, or hand delivery.

3.5 Objections to Motion for Continuance: All parties should have an opportunity to be heard on a motion to continue. When a motion to continue is made more than seven (7) days prior to trial, opposing counsel and/or unrepresented parties shall have a period of four (4) working days, following completion of distribution, to communicate objections to the motion for continuance to the moving party and the presiding District Court Judge or their designee. Objections not raised in writing within this time are deemed waived. When a motion to continue is made within seven (7) days of the trial term (other than an oral motion as provided in Rule 3.3 above), the moving party shall include in the written motion a statement that the opposing counsel or party has been contacted and a short statement on opposing party's position on the motion (including whether the opposing counsel or party consents or objects, and whether or not they desire to be heard on the motion). If the moving party is unable to contact the opposing counsel or unrepresented parties, the motion shall state what efforts were made and why contact was not possible.

3.6 Evaluation of Motions for Continuance: Factors to be considered by the appropriate court official when deciding whether to grant or deny a motion for continuance should include:

A) the effect on children and spouses if the issue is continued and not resolved;

B) whether there is in effect a temporary order dealing with the issue that is the subject of the continuance request;

C) the impact of a continuance on the safety of the parties or any other persons;

D) whether the issue has been identified statutorily as an issue which should be addressed expeditiously, i.e., child support, post-separation support, etc.;

E) the age of the case or motion;

F) the status of the trial calendar for the session;

G) the number of and grounds for previous continuances;

H) for whom previous continuances were granted;

I) the extent to which counsel had input into the scheduling of the trial date;

J) the due diligence of counsel in promptly making a motion for continuance as soon as practical;

K) whether the reason for continuance is a short-lived event which would resolve prior to the scheduled trial date;

L) whether the basis of the motion is the existence of a legitimate conflict with another court setting;

M) the period of delay caused by the continuance requested;

N) the position of opposing counsel or unrepresented parties;

O) whether the parties themselves consent to the continuance;

P) present or future inconvenience or unavailability of witnesses/parties;

Q) consideration of the financial consequences to the public, the parties, the attorneys, and the witnesses if the case is continued; and

R) any other factor that promotes the fair administration of justice.

3.7 Case Rescheduling: Upon granting a motion for continuance, the judge in conjunction with the District Court Manager should reschedule the trial or pre-trial of the contested issues to a specific date after receiving scheduling input from all parties.

3.8Time Standards: All domestic cases should be disposed of within 18 months of filing, with 90% disposed of within six months. Issues of child support should be resolved, and a temporary or permanent order entered within 60 days of service. Postdisposition issues, such as contempt and motions to modify existing orders, should be resolved within 60 days of the filing of such actions. Equitable Distribution cases should be managed in such a way that, unless there are extenuating circumstances, 90% should be completed within 270 days of filing.

N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 3

Amended effective 8/15/2022.